Leaked/breaking:Roe v. Wade expected to be overturned

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  • GodFearinGunTotin

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    Mitchell

    Much more violence against Pro-life people than against Pro-choice since the Supreme Court Leak on May 3rd: 135 Attacks on Pro-life people between the Supreme Court Leak on May 3rd and September 24th, 2022, Only 6 attacks were identified in the other direction​


     

    JEBland

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    With the last century of distorting the interstate commerce clause, I'm not sure what will happen (the rest of this post is what I would like to happen)

    From a rudimentary viewpoint... If
    1. The federal gov has the right to preempt state law with respect to interstate commerce,
    2. Abortion is a state level issue wrt regulation/banning, and
    3. A given abortion pill is an FDA-approved for the mother's safety
    How the intersection of the above doesn't result in
    1. A state can ban such a pill but that same state
    2. Cannot stop a shipment of such pills from being transported through the state for extra-state commerce that is otherwise legal. (naively, this would be akin to how a standard capacity magazine may go through the Chicago post office)
    Wouldn't the latter 1 & 2 be the intent of the interstate commerce clause and obey federalism?
     
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    defaultdotxbe

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    With the last century of distorting the interstate commerce clause, I'm not sure what will happen (the rest of this post is what I would like to happen)

    From a rudimentary viewpoint... If
    1. The federal gov has the right to preempt state law with respect to interstate commerce,
    2. Abortion is a state level issue wrt regulation/banning, and
    3. A given abortion pill is an FDA-approved for the mother's safety
    How the intersection of the above doesn't result in
    1. A state can ban such a pill but that same state
    2. Cannot stop a shipment of such pills from being transported through the state for extra-state commerce that is otherwise legal. (naively, this would be akin to how a standard capacity magazine may go through the Chicago post office)
    Wouldn't the latter 1 & 2 be the intent of the interstate commerce clause and obey federalism?
    I would think so. Adding a number 3 to the second group would also mean a state cannot prevent someone from traveling to another state to fill a prescription for an FDA-approved abortion pill (provided they consume the pills in the other state and do not bring the actual drugs back into the state where they are banned) and the state also cannot prevent the person from the leaving the state for that express purpose. The same would apply to abortion procedures.
     

    KLB

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    With the last century of distorting the interstate commerce clause, I'm not sure what will happen (the rest of this post is what I would like to happen)

    From a rudimentary viewpoint... If
    1. The federal gov has the right to preempt state law with respect to interstate commerce,
    2. Abortion is a state level issue wrt regulation/banning, and
    3. A given abortion pill is an FDA-approved for the mother's safety
    How the intersection of the above doesn't result in
    1. A state can ban such a pill but that same state
    2. Cannot stop a shipment of such pills from being transported through the state for extra-state commerce that is otherwise legal. (naively, this would be akin to how a standard capacity magazine may go through the Chicago post office)
    Wouldn't the latter 1 & 2 be the intent of the interstate commerce clause and obey federalism?
    Yep. Just like with guns today.
     

    JEBland

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    I would think so. Adding a number 3 to the second group would also mean a state cannot prevent someone from traveling to another state to fill a prescription for an FDA-approved abortion pill (provided they consume the pills in the other state and do not bring the actual drugs back into the state where they are banned) and the state also cannot prevent the person from the leaving the state for that express purpose. The same would apply to abortion procedures.
    The travel thing is where I get hung up a little, but I'm inclined to agree with you. The intent outside of the state, assuming the activities in the destination are legal, shouldn't itself make the traveling itself illegal.

    Not accusing you of saying this but just to add: I imagine that a doctor in a state could be barred from prescribing such a pill to a resident or that an intrastate pharmacy could be prohibited from filling out that banned pill.
     

    defaultdotxbe

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    Not accusing you of saying this but just to add: I imagine that a doctor in a state could be barred from prescribing such a pill to a resident or that an intrastate pharmacy could be prohibited from filling out that banned pill.
    Yes, I agree, the prescribing doctor and the pharmacy filling the prescription would both have to be in a state where the pill is legal.

    One sticky point might be drugs that have multiple uses, such as methotrexate. It can be used to induce abortion, but it's also a chemotherapy drug used to treat multiple cancers and autoimmune disorders. An in-state pharmacy might be able to fill the prescription since they wouldn't necessarily know what it was prescribed for. An in-state doctor could still be barred from prescribing it for abortion though.
     

    Shadow01

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    Yes, I agree, the prescribing doctor and the pharmacy filling the prescription would both have to be in a state where the pill is legal.

    One sticky point might be drugs that have multiple uses, such as methotrexate. It can be used to induce abortion, but it's also a chemotherapy drug used to treat multiple cancers and autoimmune disorders. An in-state pharmacy might be able to fill the prescription since they wouldn't necessarily know what it was prescribed for. An in-state doctor could still be barred from prescribing it for abortion though.
    I can’t see too many reproductive doctors prescribing methotrexate for a patient with cancer or lupus. The reason would be obvious.
     

    TrueSeanamus

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    I’m absolutely shocked. Now let’s get some people outside of the non biologist’s home, the wise Latina’s home, and the never-served-a-day-as-a-judge-before-joining-the-Supreme-Court’s-home and see how fast protesters heads get knocked and how many are arrested.

    It’s all so tiresome.
     

    KellyinAvon

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    Justice Alito put it pretty clearly here:

    "Those of us who were thought to be in the majority, thought to have approved my draft opinion, were really targets of assassination," Alito said. "It was rational for people to believe that they might be able to stop the decision in Dobbs by killing one of us."

    Early on a newsie (can't remember which) pieced together a "not that many degrees of separation" between one of the wise Latina's Clerks and who ran the story (husband of clerk worked with the leak publisher or something.) I have to wonder about the investigation. What kind of resources were available to a very small force with a very specific purpose and (unlike other LE entities) reports to SCOTUS?

    An investigation into the leak led by the Marshal of the Court failed to yield a suspect who was responsible for the leak.


    Plus, the SCOTUS Marshal has some pretty significant responsibilities outside of what the title would suggest:

    ...the Court described her responsibilities as being the Court's "chief security officer, facilities administrator, and contracting executive, managing approximately 260 employees, including the Supreme Court Police Force."


     
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